ARTICLE 305. PD 305. Cityplace SEC. 51P

ARTICLE 305.
PD 305.
Cityplace
SEC. 51P-305.101.
LEGISLATIVE HISTORY.
PD 305 was established by Ordinance No. 20546, passed by the Dallas City Council on January
10, 1990. Ordinance No. 20546 amended Chapters 51 and 51A of the Dallas City Code, as amended.
Subsequently, Ordinance No. 20546 was amended by Ordinance No. 21479, passed by the Dallas City
Council on November 11, 1992; Ordinance No. 21508, passed by the Dallas City Council on December 9,
1992; Ordinance No. 22687, passed by the Dallas City Council on February 28, 1996; Ordinance No.
23572, passed by the Dallas City Council on June 24, 1998; Ordinance No. 23905, passed by the Dallas
City Council on June 9, 1999; and Ordinance No. 24102, passed by the Dallas City Council on November
10, 1999. (Ord. Nos. 10962; 19455; 20546; 21479; 21508; 22687; 23572; 23905; 24102; 24826)
SEC. 51P-305.102.
PROPERTY LOCATION AND SIZE.
PD 305 is established on property generally located on both sides of North Central Expressway
between the area south of Carroll Avenue on the north and Thomas Avenue on the south. The size of PD
305 is approximately 160.9862 acres. (Ord. Nos. 23905; 24826; 24830; 24896)
SEC. 51P-305.103.
DEFINITIONS AND INTERPRETATIONS.
(a)
Unless otherwise stated, the definitions contained in Chapter 51A apply to this article. In
the event of a conflict, this section controls. Unless the context clearly indicates otherwise, in this article:
(1)
BAR AND RESTAURANT USES means the following uses defined in Section
51A-4.210:
(2)
Development Code.)
(3)
(A)
Bar, lounge, or tavern.
(B)
Restaurant without drive-in or drive-through service.
(C)
Restaurant with drive-in or drive-through service.
DIR means "development impact review." (See Division 51A-4.800 in the Dallas
DIRECTOR means the director or the director's authorized representative.
(4)
FAR means floor area ratio. (Note: A 1:1 FAR is stated as "1.0"; 2:1 is stated as
"2.0"; 2.5:1 is stated as "2.5"; etc.)
(5)
FENCE means a structure or hedgerow that provides a physical barrier, including
a fence gate.
(6)
GARBAGE STORAGE AREA means a place outdoors where a container, such
as a dumpster or a grease collector, for the deposit of garbage and other waste is regularly kept.
(7)
LANDSCAPE ARCHITECT means a person licensed to use the title of
"landscape architect" in the state of Texas pursuant to state law.
(8)
LIF DWELLING UNIT means "lower income family dwelling unit" as defined
in Section 51P-305.120 of this article.
(9)
NONPERMEABLE COVERAGE means any coverage that is not permeable
pavement as defined in this section.
(10)
NONRESIDENTIAL FAR means the ratio of the combined floor areas of all
nonresidential uses on a lot to the lot area.
(11)
NONRESIDENTIAL USE means any use not listed in Section 51A-4.209.
(12)
OAK LAWN ORDINANCE means Ordinance No. 21416, passed by the Dallas
City Council on September 9, 1992, including any amendments thereto.
(13)
(14)
OFFICE USES means the following uses defined in Section 51A-4.207:
(A)
Financial institution without drive-in window.
(B)
Financial institution with drive-in window.
(C)
Office.
OWNER means the owner or owners, from time to time, of property in this
district.
(15)
PARAGRAPH means the first division of a subsection. Paragraphs are
designated by arabic numerals in parentheses, e.g. "(1)".
(16)
PARKWAY means the portion of a street right-of-way between the projected
street curb and the front lot line.
(17)
PD 183 means the planned development district established by Ordinance No.
18578, passed by the Dallas City Council on February 6, 1985, as amended. (Commonly known as
"Cityplace Center.")
(18)
Lawn Ordinance.
PD 193 means the Oak Lawn Special Purpose District established by the Oak
(19)
PD 375 means Planned Development District No. 375, approved by the Dallas
City Council on November 11, 1992.
(20)
PERMEABLE PAVEMENT means a paving material that permits water
penetration to a soil depth of 18 inches or more. Examples of permeable pavement are:
(A)
nonporous surface materials poured or laid in sections not exceeding one
square foot in area and collectively comprising less than two-thirds of the total surface area; and
(B)
loosely laid materials such as crushed stone or gravel.
(21)
permit is required.
PERMITTED BY RIGHT means that the use is allowed and no specific use
(22)
PROJECTED STREET CURB means the future location of the street curb
consistent with the city thoroughfare plan as determined by the director of public works and
transportation.
(23)
RESIDENTIAL ADJACENCY REVIEW ("RAR") means that, if the use is on a
lot that has a residential adjacency as defined herein, a site plan must be submitted and approved in
accordance with Section 51A-4.803. For purposes of this definition, a lot has a residential adjacency
when:
(A)
the lot is adjacent to or directly across:
(i)
a street 64 feet or less in width; or
(ii)
an alley;
from a single family, duplex, townhouse, or CH district; or
(B)
an existing or proposed building or structure on the lot is within 330 feet
of a lot in a single family, duplex, townhouse, or CH district.
(24)
RESIDENTIAL FAR means the ratio of the combined floor areas of all
residential uses on a lot to the lot area.
(25)
(26)
Section 51A-4.210.
(27)
RESIDENTIAL USES means the following uses defined in Section 51A-4.209:
(A)
Duplex.
(B)
Handicapped group dwelling unit.
(C)
Multifamily.
(D)
Retirement housing.
(E)
Single family.
RETAIL AND PERSONAL SERVICE USES means those uses defined in
SECTION means a section of this article or a section in Chapter 51A.
(28)
SUBDISTRICT means one of the subdistricts in this district, or if used with
reference to PD 193, a subdistrict of PD 193 defined in the Oak Lawn Ordinance. The subzones in this
district contain several subdistricts.
(29)
SUBPARAGRAPH means the first division of a paragraph. Subparagraphs are
designated by capital letters in parentheses, e.g. "(A)." A division of a subparagraph is also called a
subparagraph.
(30)
SUBSECTION means the first division of a section. Subsections are designated
by lower case letters in parentheses, e.g. "(a)."
(31)
SUBZONE means one of the subzones in this district.
(32)
THIS DISTRICT means the entire planned development district created by
Ordinance No. 20546, as amended.
(33)
VISITOR PARKING means off-street parking spaces provided for and accessory
to residential uses when such spaces are unassigned and available for use by visitors and residents.
(b)
Chapter 51A.
Unless otherwise stated, all references to code sections in this article refer to sections in
(c)
to this article.
The interpretations in Chapter 51A, including Section 51A-2.101, "Interpretations," apply
(d)
If there is an irreconcilable conflict between an exhibit referenced in this article and the
text of this article, the text of this article controls.
(e)
The phrase "the main uses allowed in the ... [Subzone(s)] are the same as those allowed in
the ... [District or Subdistrict]" means that an SUP is required for a main use in the applicable subzone(s)
if an SUP is required for that use in the referenced district or subdistrict. As a general rule, DIR and RAR
do not apply to uses in this district. [See Section 51P-305.112, “Detailed Development Plan.”]
(f)
In the event that PD 193 ever ceases to exist, all references in this article to uses and
development standards in PD 193 shall mean those uses and development standards as they last were in
that district. (Ord. Nos. 21508; 24826; 24830)
SEC. 51P-305.104.
ZONING CLASSIFICATION CHANGE.
Chapters 51 and 51A are amended by changing the zoning classification on the property
described in Exhibit A of Ordinance No. 23905 to Planned Development District No. 305, as amended, to
be known as "Cityplace." (Ord. Nos. 21508; 23905; 24826)
SEC. 51P-305.105.
PURPOSE.
(a)
Maximum densities are established in this article to ensure that development is
compatible with the densities of the surrounding neighborhood and is adequately served by the
infrastructure existing or proposed in this article. It is the opinion of the city council that the maximum
floor area and dwelling unit regulations established in this article are appropriate, and that future
applications having the overall effect of increasing those maximums should be denied in the absence of
changed conditions. It is the responsibility of prospective purchasers of property in this district to evaluate
approved detailed development plans or other sources of information in order to determine the amount of
floor area and the number of dwelling units still available for development.
(b)
Provisions for lower income family housing are included in this article to address
destruction of lower income family housing within this district that may result from the new development
authorized by this article, and to assure a mixture of housing types. Empirical studies conducted by the
department of housing and neighborhood services and the department of planning and development
demonstrate the following:
(1)
units in the city.
There is a shortage of approximately 45,000 very-low income family dwelling
(2)
In 1980, there were approximately 240 very-low and lower income family
dwelling units located within the boundaries of this district.
(3)
These units have been or are planned to be demolished if the development
authorized in this district is approved.
(4)
Replacement of 200 of these units would impose only a minimal burden on the
owners of the property in this district, in view of the fact that a total of over 5,700 dwelling units are
permitted in this district.
(5)
Provision of lower income family dwelling units in this district will enhance the
mix of housing, create a market for lower income family residents, and benefit office and retail
development in this district by allowing lower income workers to reside near the jobs created for them in
this district. (Ord. Nos. 21508; 24826; 26102)
SEC. 51P-305.106.
CREATION
OF
SEPARATE
SUBDISTRICTS, AND SUBAREAS.
ZONES,
SUBZONES,
(a)
In general. This district is divided into a series of separate zones, subzones, subdistricts,
and subareas as described in this section. The boundaries of all zones, subzones, subdistricts, and subareas
are shown on the map comprising Exhibit 305A.
(b)
Zones. The largest subdivided areas in this district are the "zones." There are two zones:
the West Zone and the East Zone (consisting of Tracts A and B, respectively, as described in Exhibit A of
Ordinance Nos. 24896 and 24830, respectively).
(c)
Subzones.
(1)
The West Zone is divided into two "subzones": the West Residential Subzone
and the West Mixed Use Subzone.
(2)
The East Zone is divided into two "subzones": the East Residential Subzone and
the East Mixed Use Subzone.
(d)
Subdistricts.
(1)
The West Residential Subzone is divided into three subdistricts: A, B, and B1.
(2)
The West Mixed Use Subzone is divided into two subdistricts: C and D.
(3)
The East Residential Subzone is divided into two subdistricts: I and J.
(4)
The East Mixed Use Subzone is divided into five subdistricts: E, F, G, H, and
H1.
(e)
Subareas.
(1)
Subdistrict D is divided into five subareas: Subareas D-1, D-2, D-3, D-4, and D-
(2)
Subdistrict J is divided into three subareas: Subareas J-1, J-2, and J-3.
5.
(3)
Subdistrict C contains one subarea: Subarea C-1. (Ord. Nos. 23905; 24826;
24830; 24896; 26078)
SEC. 51P-305.107.
(a)
USE REGULATIONS.
Residential subzones.
(1)
West Residential Subzone. Except as otherwise provided in Paragraph (3), the
main uses allowed in the West Residential Subzone are the same as those allowed in the MF-2 Subdistrict
of PD 193.
(2)
East Residential Subzone.
(A)
Except as otherwise provided in Subparagraph (B) and Paragraph (3), the
main uses allowed in Subdistrict I of the East Residential Subzone are the same as those allowed in the
MF-3(A) Multifamily District, and the main uses permitted in Subdistrict J of the East Residential
Subzone are the same as those allowed in the MF-2(A) Multifamily District.
(B)
The following uses are prohibited in the East Residential Subzone:
----------
Accessory private stable.
Cemetery or mausoleum.
College dormitory, fraternity, or sorority house.
Commercial parking lot or garage.
Country club with private membership.
Crop production.
Foster home.
Group residential facility.
Hospital.
(3)
Uses permitted by right. Notwithstanding Paragraphs (1) and (2), the following
main and accessory uses are permitted by right in the West and East Residential Subzones:
------
(b)
Institution for special education (including the school for the visually
impaired located on Office Parkway).
Public or private school.
Public park, playground, or golf course.
Retirement housing.
Private street or alley. [Must be shown on an approved development plan
and comply with city design specifications.]
Mixed use subzones.
(1)
In general.
(A)
Except as otherwise provided in this subsection, the main uses allowed in
the West and East Mixed Use Subzones are the same as those allowed in the city's MU-3 Mixed Use
District.
(B)
Except as otherwise provided in this paragraph, the following main uses
are prohibited in the West and East Mixed Use Subzones:
---
---------
Cemetery or mausoleum.
Except in Subdistrict D, commercial parking lot or garage. [The
commercial parking lot or garage use is permitted in Subdistrict
D, subject to the same conditions applicable in the MU-3 Mixed
Use District.]
Crop production.
Foster home.
Group residential facility.
Heliport.
Mortuary, funeral home, or commercial wedding chapel.
Pawn shop.
Swap or buy shop.
Tool or equipment rental.
(C)
Notwithstanding Subparagraphs (A) and (B), the following main uses are
permitted by right in the West and East Mixed Use Subzones:
-------(2)
Institution for special education.
Job or lithographic printing.
Public park, playground, or golf course.
Required parking for PD 183.
In Subdistrict D, required parking for PD 375.
Outside commercial amusement.
Mechanical plant.
Provisions of special applicability.
(A)
In the West Mixed Use Subzone, the "financial institution with drive-in
window" and "restaurant with drive-in or drive-through service" uses are permitted by specific use permit
only.
(B)
In the East Mixed Use Subzone, residential adjacency review ("RAR") is
required before the issuance of a building permit for the "financial institution with drive-in window" and
"restaurant with drive-in or drive-through service" uses.
(c)
Nonconforming uses.
(1)
Nonconforming uses in this district are not subject to amortization by the board
of adjustment.
(2)
The right to operate a nonconforming use terminates if the use is discontinued for
six months or more. When the owner is actively attempting to lease the building, the use shall not be
considered discontinued unless it remains vacant for two years or more.
(3)
Except as otherwise provided in this subsection, Section 51A-4.704 applies to all
nonconforming uses in this district. (Ord. Nos. 23905; 24826; 24830)
SEC. 51P-305.108.
(a)
YARD, LOT, AND SPACE REGULATIONS.
Minimum setbacks.
(1)
West Mixed Use Subzone.
(A)
Except as otherwise provided in this paragraph, the minimum front, side,
and rear yard setbacks in the West Mixed Use Subzone are 10 feet.
(B)
In Subdistrict D, the minimum setback from any portion of a corner clip
is six feet. In no event may a structure be located in a visibility triangle. See Section 51A-4.602.
(C)
Except as further restricted in Subparagraph (B) of this paragraph, the
minimum setback along McKinney Avenue for Subarea D-4 is three feet.
(D)
Except as provided in Subparagraph (E), if a building in the West Mixed
Use Subzone fronts on McKinney Avenue south of Haskell Avenue, off-street parking is prohibited
within 30 feet of the front lot line between grade and 12 feet above grade.
(E)
In Subarea C-1, the minimum setbacks for a public school other than an
open enrollment charter school are as shown on the development/landscape plan for Subarea C-1 (Exhibit
305H). Required off-street parking is allowed within 30 feet of McKinney Avenue for a public school
other than an open enrollment charter school in Subarea C-1.
(2)
West Residential Subzone.
(A)
The minimum front, side, and rear yard setbacks in the West Residential
Subzone are the same as those in the MF-2(A) Multifamily District, except as noted in Section 51P305.108(a)(2)(A) and Section 51P-305.108(a)(2)(B). A minimum side or rear yard setback for garages
with automatic garage door opener(s) is permitted.
(B)
In Subdistrict A of the West Residential Subzone, the minimum front
yard setback is two feet from the street easement along Blackburn Street. There is no minimum front yard
setback along the private access easement.
(C)
rear yard setback is five feet.
In Subdistrict A of the West Residential Subzone, the minimum side and
(3)
East Mixed Use Subzone. The minimum front, side, and rear yard setbacks in
the East Mixed Use Subzone are the same as those in the MU-3 Mixed Use District. A minimum side or
rear yard setback for garages with automatic garage door opener(s) is permitted.
(4)
East Residential Subzone. The front, side, and rear yard setbacks in Subdistrict I
of the East Residential Subzone are the same as those in the MF-3(A) Multifamily District. The front,
side, and rear yard setbacks in Subdistrict J of the East Residential Subzone are the same as those in the
MF-2(A) Multifamily District. A minimum side or rear yard setback for garages with automatic garage
door opener(s) is permitted.
(b)
Non-residential density.
(1)
The maximum FAR for each building site varies depending on which subdistrict
the site is in. The column entitled “FAR” shows the maximum FAR for non-residential uses. The
maximum FAR shown in the chart below may be further limited by the phasing requirements of Section
51P-305.113. The FAR’s for a Mixed Use Subdistrict, as shown on Exhibit 305A, are pursuant to Section
51A-4.125 of Chapter 51A.
MAXIMUM NONRESIDENTIAL FAR’S IN THE MIXED USE SUBZONES
SUBDISTRICT/SUBAREA
C
D-1
D-2
D-3
D-4
D-5
E
F
G
H
H1
FAR
1.5
2.83*
4.0
4.0
2.5
2.5
2.5
1.2
1.2
1.6
1.2
*Any area of Subarea D-1 dedicated for street purposes shall be included as lot area in order to calculate the maximum
nonresidential FAR of Subarea D-1.
(2)
The maximum allowable floor area for retail and personal service uses allowed
on the Property is 640,000 square feet which is further limited to a maximum of 450,000 square feet of
floor area for either side of North Central Expressway.
(3)
The maximum allowable floor area for all nonresidential uses combined is
7,715,114 square feet.
(c)
Residential density in mixed use subzones.
(1)
West Mixed Use Subzone. Except as provided in Paragraph (3), the maximum
residential density permitted in the West Mixed Use Subzones is:
(A)
1.5 FAR for Subdistrict C;
(B)
2.83* FAR for Subarea D-1;
(C)
4.0 FAR for Subareas D-2 and D-3; and
(D)
2.5 FAR for Subareas D-4 and D-5.
*Any area of Subarea D-1 dedicated for street purposes shall be included as lot area in order to calculate
the maximum residential FAR of Subarea D-1.
(2)
East Mixed Use Subzone. Except as provided in Paragraph (3), the maximum
residential density permitted in the Subdistricts is 1.5 FAR for Subdistrict E; 1.5 FAR for Subdistricts F
and G; and 1.5 FAR for Subdistricts H and H1.
(3)
Phasing. The maximum residential density may be further limited by the phasing
requirements of Section 51P-305.113.
(d)
Amount and distribution of development in residential subzones/maximum residential
densities in residential subzones. The maximum number of dwelling units permitted per acre in the West
and East Residential Subzones is:
(1)
15 dwelling units per acre in Subdistrict A;
(2)
54 dwelling units per acres in Subdistricts B and B1; and
(3)
(e)
54 dwelling units per acre in Subdistricts I and J.
Maximum structure height.
(1)
If any portion of a structure in this district is over 36 feet in height, that portion
may not be located above a residential proximity slope. Exception: Structures listed in Section 51A4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12
feet above the slope, whichever is less. The maximum structure heights in Paragraph (2) are subject to the
height restrictions in this paragraph. For more information regarding the residential proximity slope
applicable to structures in this district, see Section 51P-305.109 of this article.
(2)
(f)
The maximum structure heights in this district are as follows:
(A)
In Subdistrict A, maximum height is 43 feet.
(B)
In Subdistrict B, maximum height is 48 feet.
(C)
In Subdistrict B1, maximum height is 60 feet.
(D)
In Subdistrict C, maximum height is 90 feet.
(E)
In Subdistrict D, maximum height is 240 feet.
(F)
In Subdistricts E and G, maximum height is 270 feet.
(G)
In Subdistrict F, maximum height is 180 feet.
(H)
In Subdistrict H, maximum height is 180 feet.
(I)
In Subdistrict H1, maximum height is 60 feet.
(J)
In Subdistrict I, maximum height is 60 feet.
(K)
In Subdistrict J, maximum height is 36 feet.
Maximum lot coverage.
(1)
Except as provided in this paragraph, the maximum lot coverage for building
sites in the West and East Mixed Use Subzones is 80 percent. In Subdistrict D, the maximum lot coverage
for building sites is 90 percent. In Subarea C-1, the maximum lot coverage is 84 percent.
(2)
The maximum lot coverage for building sites in the West and East Residential
Subzones is 75 percent, except that in Subdistrict A of the West Residential Subzone the maximum lot
coverage is 50 percent.
(3)
Aboveground parking structures are included in lot coverage calculations;
surface parking lots and underground parking structures are not.
(g)
Minimum lot size. The minimum lot size for single family residential lots in Subdistrict
A of the West Residential Subzone is 1,650 square feet.
(h)
Single family structure spacing. In Subdistrict A of the West Residential Subzone, a
minimum of five feet between each group of five single family structures must be provided by plat. (Ord.
Nos. 24102; 24826; 24830; 26078)
SEC. 51P-305.109.
(a)
RESIDENTIAL PROXIMITY SLOPE.
Definitions. In this section:
(1)
PRIVATE PROPERTY means any property not dedicated to public use, except
that "private property" does not include the following:
(A)
A private street or alley.
(B)
Property on which a utility and public service use listed in Section 51A4.212 is being conducted as a main use.
(C)
A railroad right-of-way.
(D)
A cemetery or mausoleum.
(2)
RESTRICTED BUILDING OR STRUCTURE means the building or structure
whose height is restricted by a residential proximity slope.
(3)
SITE OF ORIGINATION means any private property in the city's MF-2(A)
Multifamily District, or in the MF-2 Multiple Family Subdistrict in PD 193, except that property within
the PD is not included as sites of origination.
(b)
Residential proximity slope defined. The residential proximity slope is a plane projected
upward and outward from every site of origination as defined in Subsection (a). Specifically, the slope is
projected from the line formed by the intersection of:
(1)
the vertical plane extending through the boundary line of the site of origination;
(2)
the grade of the restricted building or structure.
and
(c)
Angle and extent of projection. The angle of the residential proximity slope is 45° (1 to 1
slope). The extent of projection terminates at a horizontal distance of 50 feet from the site of origination.
(d)
Calculation of height restrictions. The horizontal distances used to calculate the height
restrictions imposed by the residential proximity slope may be determined by using the lot, block, and
right-of-way dimensions as shown on the official plat or zoning maps of the city, or by scale measurement
of the distances on such official maps. All dimensions and methodology used in determining the distance
measurement are subject to the approval of the building official.
(e)
Exceptions to the residential proximity slope. Subdistrict A of the West Residential
Subzone is exempt from the residential proximity slope requirement in conjunction with the approved
development plan. Termination of the approved development plan reinstates the residential proximity
slope as a requirement within Subdistrict A of the West Residential Subzone. (Ord. Nos. 24102; 24826)
SEC. 51P-305.110.
OFF-STREET PARKING, OFF-STREET
BICYCLE PARKING REQUIREMENTS.
LOADING,
AND
(a)
The following off-street parking, off-street loading, and bicycle parking requirements
apply in this district.
(1)
Office uses. Except as provided in this subsection, the maximum off-street
parking requirement for an office use, as defined in this article, is one space for each 366 square feet of
floor area. In Subdistrict D, the standard minimum off-street parking requirement for an office use is one
space for each 366 square feet of floor area.
(2)
Retail and personal service uses. Except as otherwise provided in this
subsection, the standard minimum off-street parking requirement for a retail and personal service use, as
defined in this article, is one space for each 200 square feet of floor area. In Subdistrict G of the East
Mixed Use Subzone, the standard minimum off-street parking requirement for retail uses is one space for
each 220 square feet of floor area.
(3)
Multifamily uses. The standard minimum off-street parking requirement for a
multifamily use is one space for each dwelling unit, which includes .25 space for each dwelling unit for
visitors.
(4)
Single family uses. The standard minimum off-street parking requirement for
each single family dwelling unit is two spaces for each dwelling unit. Additionally, in Subdistrict A of the
West Residential Subzone, eight unassigned off-street parking spaces must be provided as shown on the
development plan.
(4.1) Public school other than open enrollment charter school. For a public school
other than an open enrollment charter school in Subarea C-1, a minimum of 96 parking spaces must be
provided within Subarea C-1 and Planned Development Subdistrict No. 65 within Planned Development
District No. 193, in the location shown on Exhibit 305H.
(5)
Off-street parking reduction options.
(A)
In general.
(i)
A property owner may reduce the standard off-street parking
requirement for certain uses in this district by exercising one or more of the following reduction options:
(aa)
Making a payment into the Cityplace Transit Fund in
accordance with Paragraph (5)(B) of this section.
(bb)
Filing an approved traffic management plan (TMP)
agreement in accordance with Paragraph (5)(C) of this section.
(cc)
Calculating an adjusted standard off-street parking
requirement for a mixed use development in accordance with Paragraph (5)(D) of this section.
(ii)
The reduction options in Paragraph (5)(A)(i) of this section may
be used in any combination subject to the restrictions in Paragraphs (5)(B), (5)(C), and (5)(D) of this
section.
(B)
Payment into Cityplace Transit Fund.
(i)
In general. A property owner may reduce the standard off-street
parking requirement for an office-related or retail-related use up to 10 percent by making a payment into a
special city account, to be known as the Cityplace Transit Fund, for development and operation of a
shuttle transit system for this district. The amount of the payment required is calculated by taking 30
percent of the cost of constructing a parking garage space [See Subparagraph (B)(ii) below] and
multiplying that cost by the number of parking spaces that will not be required by reason of the payment.
In order for the reduction to be considered in cases involving work for which a permit is required, the
entire payment must be made to the building official before issuance of the permit. The city council may
transfer moneys from the Cityplace Transit Fund to the Cityplace Parking Fund provided for in Paragraph
(5)(C) of this section when, in the opinion of the council, such a transfer would be in the best interest of
the city.
(ii)
Cost of constructing a parking garage space. Until January 2,
1993, the cost of constructing a parking garage space for purposes of this section is $6,774.65. On
January 1, 1993, and on January 2 of each odd-numbered year thereafter, the director of planning and
development shall determine a new cost of constructing a parking garage space by using the following
formula:
National Median Cost x 320 sq. ft. x Dallas Cost Index
Sq. Ft.
where National Median Cost/Sq.Ft. is the national median cost per square foot of a parking space in a
parking garage. Both the National Median Cost/Sq.Ft. and the Dallas Cost Index must be derived from the
most recent issue of Building Construction Cost Data, published by the Robert Snow Means Company,
Inc., of Kingston, Massachusetts, unless another publication is designated by the director of planning and
development.
(C)
Traffic management plan (TMP) agreement.
(i)
In general. A property owner may reduce the standard off-street
parking requirement for an office or retail and personal service use up to 10 percent by entering into a
written traffic management plan (TMP) agreement for the implementation of traffic mitigation measures
to reduce the total number of vehicle trips and, thus, the need for a specified number of required off-street
parking spaces. The agreement must be approved by the director of public works and transportation,
approved as to form by the city attorney, and filed in the deed records of the county where the property is
located. In order for the reduction to be considered in cases for which a permit is required, the agreement
must be signed, approved, and filed pursuant to this subsection before issuance of the permit.
(ii)
the following minimum requirements:
TMP agreement requisites. All TMP agreements must satisfy
(aa)
The agreement must adequately set forth the name of the
owners of the property involved, the location of the property, and the number of off-street parking spaces
currently required for the property by this article.
(bb)
The agreement must contain a detailed plan for the
mitigation of traffic. This plan must spell out the specific traffic mitigation measures proposed, e.g. car
and van pooling, bus pass subsidy, subscription transit, and bicycling programs.
(cc)
The agreement must state the number and percentage of
required off-street parking spaces that should no longer be needed as a result of implementation of the
plan. All data and evidence relied on in reaching this conclusion must be attached to the agreement.
(dd)
As part of the agreement, the property owner must
commit to achievement of the proposed vehicle trip reduction within two years of the date of issuance
shown on a certificate of occupancy for any buildings for which the parking is required. If the director of
public works and transportation determines that the property owner has failed to achieve the proposed
vehicle trip reduction at the end of the two-year period or at any time thereafter, the agreement must
require the property owner to make cash in lieu payments for any off-street parking spaces required under
this article still needed but not provided. The amount of the payment must be equal to two times the full
cost of constructing a parking garage space multiplied by the number of required parking spaces still
needed but not provided. The cost of a parking garage space for purposes of this subsection is that cost
stated in or determined pursuant to Paragraph (5)(B)(ii) of this section.
(ee)
The agreement must require the property owner to make
periodic reports on the effectiveness of the proposed traffic management plan. All data and evidence
relied on in reaching conclusions or findings as to the effectiveness of the plan must be attached to the
reports.
(ff)
All payments in lieu of required parking made pursuant
to the terms of the agreement must be kept in a special city account, to be known as the Cityplace Parking
Fund, for financing the acquisition of sites for and the construction and operation of parking facilities in
this district; however, the city council may transfer moneys from the Cityplace Parking Fund to the
Cityplace Transit Fund when, in the opinion of the council, such a transfer would be in the best interest of
the city.
(gg)
The agreement must be signed by or on behalf of all of
the owners of the property involved. In addition, the agreement must be approved by the director of
public works and transportation and approved as to form by the city attorney.
(hh)
A true and correct copy of the approved agreement must
be filed in the deed records of the county where the property involved is located. No agreement shall be
effective until it is properly filed in the deed records in accordance with this subsection.
(ii)
The requirements in this section for execution, approval,
and filing of a TMP agreement also apply to amending and terminating instruments.
(iii)
TMP agreement review procedure. All proposed TMP
agreements must be submitted to the director of public works and transportation for review. In reviewing
a proposed TMP agreement, the director of public works and transportation shall carefully evaluate the
proposed traffic mitigation measures to be employed and verify to his or her satisfaction that the measures
will reduce the total number of vehicle trips so that the specified number of required off-street parking
spaces will no longer be needed. In reviewing the proposed agreement, the director may require the
property owner to submit additional evidence to support conclusions or assumptions made by the property
owner. If the director is not satisfied that the proposed traffic mitigation measures will eliminate the need
for the specified number of required off-street parking spaces for the property when the plan is fully
implemented, the director shall not sign the agreement. The refusal by the director of public works and
transportation to sign a proposed TMP agreement submitted pursuant to this subsection may be appealed
to the board in the same manner that appeals are made from decisions of the building official.
(D)
Mixed use development option.
(i)
In general. A property owner may reduce the standard off-street
parking requirement for a mixed use development by using the mixed use development (MUD) parking
chart (Exhibit 305B) to calculate an "adjusted" standard off-street parking requirement for the
development. This reduction option may be used in combination with the other reduction options
available under Paragraphs (5)(B) and (5)(C) of this section to reduce the standard requirement for the
development up to 30 percent. In no event may the standard requirement for a mixed use development be
reduced by more than 30 percent.
(ii)
Calculation of adjusted standard off-street parking requirement.
An adjusted standard off-street parking requirement for a mixed use development is calculated as follows:
(aa)
First, the standard parking requirements for each of the
uses in the mixed use development must be ascertained.
(bb)
Next, the parking demand for each use is determined for
each of the five times of day shown in the MUD parking chart by multiplying the standard off-street
parking requirement for each use by the percentage in the chart assigned to that category of use. If a use
in the development does not fall within one of the categories shown in the MUD parking chart, the
percentage assigned to that use is 100 percent for all five times of day.
(cc)
Finally, the "time of day" columns are totaled to produce
sums that represent the aggregate parking demand for the development at each time of day. The largest of
these five sums is the adjusted standard off-street parking requirement for the development.
(iii)
Minimum parking requirement. If one or more of the main uses
in a mixed use development is a retail or personal service use, the minimum parking requirement for the
development under this reduction option is the sum of the standard parking requirements for each of the
retail and personal service uses in the development.
(iv)
Visitor parking required. If a property owner uses the mixed use
development reduction option, a number of parking spaces equal to or greater than the difference between
the aggregate standard and aggregate adjusted standard off-street parking requirement for the
development must be available for use by visitors.
(6)
Off-street-parking location restrictions.
(A)
In general. Required off-street parking must be:
(i)
on the same lot as the main use; or
(ii)
on a separate lot that is:
(aa)
the subject of an approved parking agreement filed in the
deed records of the county where the property involved is located;
(bb)
in a nonresidential subdistrict; and
(cc)
within 300 feet (including streets and alleys) of the lot
where the main use is located, or within 600 feet (including streets and alleys) of the lot where the main
use is located if the main use has frontage on a special retail street as defined in PD 193, or within the
distance required by the director of public works and transportation pursuant to the remote parking
regulations contained in Chapter 51A. The distance measured is the shortest distance between the lots.
(B)
Parking agreement requisites. All parking agreements must satisfy the
following minimum requirements:
(i)
The agreement must adequately set forth the names of the
owners of the property involved, the location of the property, and a specified number of off-street parking
spaces proposed to be provided on the separate lot for the benefit of the main use.
(ii)
As part of the agreement, the owner of the separate lot must
commit to providing the specified number of off-street parking spaces on the separate lot for the benefit
of the main use as long as the agreement is in effect.
(iii)
The agreement must contain a provision stating that it may be
amended or terminated only by an instrument signed by the building official and approved as to form by
the city attorney, and further stating that, if the building official determines that an amendment or
termination of the agreement will result in less than the required number of off-street parking spaces
being provided for the main use, the building official shall not sign the amending or terminating
instrument unless a payment has been made for all required off-street parking spaces that will still be
needed but not provided as a result of the proposed amendment or termination of the agreement. The
amount and disposition of the payment must be the same as that required upon failure to achieve a
proposed vehicle trip reduction under a TMP agreement.
(iv)
The agreement must be signed by or on behalf of:
(aa)
all of the owners of the property involved; and
(bb)
the building official. In addition, the agreement must be
approved as to form by the city attorney.
(v)
A true and correct copy of the approved agreement must be filed
in the deed records of the county where the property involved is located. No agreement shall be effective
until it is properly filed in the deed records in accordance with this subsection.
(vi)
The requirements in this section for execution, approval, and
filing of a parking agreement also apply to amending and terminating instruments. If the building official
determines that a proposed amendment or termination of the agreement will not result in less than the
required number of off-street parking spaces being provided for the main use, and if the amending or
terminating instrument conforms to the other requirements of this section and has been approved as to
form by the city attorney, the building official shall sign the amending or terminating instrument.
(7)
Special parking regulations. Except as modified by this article, the special
parking regulations contained in Chapter 51A apply to this district.
(A)
Required parking serving uses in this district must be located in this
district, in PD 183, or PD 375.
(B)
Remote required parking serving uses in PD 183 and PD 375 are not
subject to any maximum established in this article.
(8)
Off-street loading requirements.
(A)
Except as provided below, off-street loading spaces must be provided for
all uses in this district in accordance with Section 51A-4.303.
(B)
If adjacent building sites are designed to share a loading facility on an
approved detailed development plan, the aggregate floor area of all buildings served by the shared loading
facility must be used to calculate the loading space requirements.
(C)
Loading spaces for a building site may be provided off-site if located in
an underground truck terminal that has underground service connections to the building site. An
underground truck terminal must be approved as to size, design, and location by the director of public
works and transportation.
(D)
In Subdistrict D, each off-street loading space must be designed with a
reasonable means of access to and from the street or alley in a manner that least interferes with traffic
movement. Each off-street loading space must be independently accessible so that no loading space
obstructs another loading space. No trash removal facility or other structure may obstruct a loading space.
The design of the ingress and egress to the loading space, and the maneuvering area for the loading space,
must be approved by the director of public works and transportation in accordance with the provisions of
this subparagraph.
(9)
Bicycle parking. Parking for bicycles must be provided for buildings constructed
after such time that the city council approves a parking requirement for bicycles.
(10)
Fees may be charged for parking. A property owner may charge a fee on a daily,
hourly, or other basis for the use of required off-street parking in this district.
(b)
Any off-street parking and loading regulations not specifically modified or addressed in
this article are governed by Chapter 51A. (Ord. Nos. 24102; 24826; 24845; 26078)
SEC. 51P-305.111.
CONCEPTUAL PLAN.
Development of all property in this district must comply with the conceptual plan (Exhibit 305A).
(Ord. Nos. 21508; 23905; 24826)
SEC. 51P-305.112.
DETAILED DEVELOPMENT PLAN.
(a)
When required under this subsection, an applicant for a permit or certificate of occupancy
for work or a use on a building site in this district shall obtain approval of a new or amended detailed
development plan as a prerequisite to issuance of the permit or certificate of occupancy. In the case of a
building or structure already existing on the effective date of Ordinance No. 21508, a new or amended
detailed development plan is required for any building site where the proposed work or use will increase
the number of off-street parking spaces required to be located on that site.
(b)
Detailed development plans must comply with the requirements for a development plan
listed in Section 51A-4.702. The submittal of a detailed development plan must also include the
following:
(1)
A cumulative floor area and dwelling unit total by use category for:
(A)
the building site;
(B)
the subdistrict, subzone, and zone in which the building site is located;
(C)
this district as a whole.
and
(2)
Sufficient information to verify compliance with the maximum floor area
requirements of this article.
(3)
Identification of the street improvements required by this article and source of the
required percentage of funding for those improvements approved by the director of public works and
transportation.
(c)
Except as required in Section 51P-305.107, development impact review and residential
adjacency review are not required for any use in this district. However, if a building site in a detailed
development plan is adjacent to or directly across a street or alley from a single family, duplex, or
multifamily district in the city or a single family, duplex, or multiple family subdistrict in PD 193, the
residential adjacency standards contained in Section 51A-4.803 must be used as a guide in the review of
that detailed development plan.
(d)
The director of planning and development may approve minor amendments to a detailed
development plan to reflect a new off-street parking configuration on a building site. This subsection does
not authorize the director to approve an amendment involving the erection or expansion of a building, nor
does it authorize the director to change the parking requirements themselves.
(e)
A development plan for Subdistrict A was approved by the Dallas City Council on
November 10, 1999 (Exhibit 305C). A development plan for Subdistrict G was approved by the Dallas
City Council on February 13, 2002 (Exhibit 305D). A development plan for Subarea D-1 of Subdistrict D
was approved by the Dallas City Council on November 12, 2007 (Exhibit 305I).
(f)
For a public school other than an open-enrollment charter school in Subarea C-1,
development and use of the Property must comply with Exhibit 305H. In the event of a conflict between
the provisions of this article and Exhibit 305H, the provisions of this article control. (Ord. Nos. 21508;
22687; 24102; 24826; 24845; 26078; 27000)
SEC. 51P-305.113.
PHASING OF DEVELOPMENT.
(a)
The Cityplace Tax Increment Financing ("TIF") Reinvestment Zone No. 2 (known as the
"Cityplace TIF District"), approved by the Dallas City Council on November 11, 1992, will be the
funding source for the infrastructure that is the subject of the phasing requirements in this section, to the
extent provided in the reinvestment zone project plan and financing plan for the Cityplace TIF. Both
plans, and the terms and conditions thereof, and any development agreement with the city related thereto,
shall be subject to city council approval in accordance with state law. In the event the Cityplace TIF
ceases to exist, or funds from the TIF are insufficient to pay for the total cost of the improvements
provided in the TIF plans and subject to these phasing regulations, funding for the improvements may be
provided from another source.
(b)
No building permit may be issued to authorize work that would cause the total floor area
within any subarea to exceed the base floor area of the subarea as shown in Table 1 of Exhibit 305E until:
(1)
the street improvements described in Table 2 in Exhibit 305E are completed;
(2)
the traffic signals:
(A)
(B)
installed and operational; and
described in Table 3 in Exhibit 305E; and
determined to be necessary in accordance with Section 51P-305.114 are
(3)
the construction is completed or the funding is in place for a minimum of 50
percent of the cost of constructing a new Lemmon Avenue bridge over Central Expressway and a new
Haskell Avenue/Blackburn Street bridge over Central Expressway. The amount of funding required for
construction of the bridges shall be determined by the director of public works and transportation, based
upon the estimated cost of constructing the bridges in accordance with the Texas Department of
Transportation design criteria and specifications. The decision of the director of public works and
transportation may be appealed to and will be heard by the city council. The final design of the bridges
must comply with Texas Department of Transportation design criteria and specifications. (Ord. Nos.
21508; 24826)
SEC. 51P-305.114.
TRAFFIC SIGNAL INSTALLATION.
The traffic signals described in Table 3 of Exhibit 305E must be installed at the time the
associated street improvements described in Exhibit 305E are constructed if the director of public works
and transportation determines that such installation is necessary for safe circulation within this district or
for safe ingress and egress to and from property in this district. (Ord. Nos. 21508; 24826)
SEC. 51P-305.115.
(a)
CORNER CLIP REQUIREMENTS.
Except as provided in this section, the provisions of Section 51A-8.602(d) apply.
(b)
In Tract I, the maximum size of a corner clip is that of a triangle with the legs along the
edges of the street rights-of-way equaling 10 feet. A smaller corner clip may be required where conditions
exist that permit the city to provide an adequate turning radius, or to maintain public appurtenances,
within that reduced area. (Ord. Nos. 23905; 24826)
SEC. 51P-305.116.
PRIVATE ACCESS EASEMENT.
(a)
In general. This section applies to Subdistrict A of the West Residential Subzone.
(b)
Frontage. Single family lots may front on a private access easement.
(c)
Size. The minimum pavement width of the private access drive is 24 feet.
(d)
Visibility triangles.
(1)
The minimum visibility triangles for the intersection of the private access
easement and Blackburn Street is 20 feet by 20 feet.
(2)
The minimum visibility triangle for the intersection of the private access
easement and Buena Vista Street is 20 feet by 10 feet.
(3)
There is no visibility triangle requirement for the internal private access
easement.
(e)
Restricted access. Restricted access control devices and gates are allowed and must be
provided as shown on the detailed development plan for Subdistrict A. (Ord. Nos. 24102; 24826)
SEC. 51P-305.117.
(a)
LANDSCAPING REQUIREMENTS.
Plan approval required and applicability of section.
(1)
A landscape plan for each building site must be submitted to and approved by the
city plan commission. The landscape plan must be submitted to the commission with the detailed
development plan for that building site. This section does not apply to single family and duplex uses in
detached structures or single family attached structures in Subdistrict A of the West Residential Subzone
except as noted in Section 51P-305.117(a)(6), or public schools other than open enrollment charter
schools in Subarea C-1 except as noted in Section 51P-305.117(a)(7). This section shall become
applicable to all other uses on an individual lot when work on the lot is performed that increases the
existing building height, floor area ratio, or nonpermeable coverage of the lot, unless the work is to
restore a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the
public enemy, or accident of any kind.
(2)
Once this section becomes applicable to a lot, its requirements are binding on all
current and subsequent owners of the lot.
(3)
If a specific site plan containing landscaping requirements was approved by the
city plan commission or city council prior to February 9, 1985, and if the site plan is made part of an
ordinance or a deed restriction running with the land to which the city is a party, the landscaping
requirements of this section do not apply to the property that is the subject of the approved site plan as
long as the site plan remains in effect.
(4)
The board may grant a special exception to the landscaping requirements of this
section, if in the opinion of the board, the special exception will not compromise the spirit and intent of
this section. When feasible, the board shall require that the applicant submit and that the property comply
with a landscape plan as a condition to granting a special exception under this subsection.
(5)
Except as otherwise provided in this article, the landscape regulations in Article
X apply. The sole landscape regulations for Subdistrict D are the landscaping regulations contained in this
section (the landscaping regulations contained in Article X do not apply to property in Subdistrict D).
(6)
The following rules apply in Subdistrict A of the West Residential Subzone:
(A)
Landscaping and fountains must be provided on the landscape plan.
(B)
Landscaping and fountains may be placed within utility easements.
(C)
The building official may issue a tree removal permit prior to the
issuance of a building permit for a single family dwelling unit.
(D)
Replacement of trees planted as mitigation for tree preservation
requirements may be planted within the adjacent Katy Trail area upon approval of the director of park and
recreation and/or other governing entity.
(E)
All landscaping must be provided in accordance with Article X.
(F)
For purposes of issuing a tree removal permit, Subdistrict A of the West
Residential Subzone may be treated as a single lot.
(7)
For a public school other than an open enrollment charter school in Subarea C-1,
landscaping must be provided as shown on Exhibit 305H.
(b)
Landscaping requirements in general.
(1)
Designated landscape areas.
(A)
In general.
(i)
Each property owner is required to designate portions of the lot
and parkway in the front, side, or rear yard for landscaping purposes. These designations must be shown
on the landscape plan required by this section. The first required designation is that of the "landscape site
area." The landscape site area may consist of one large contiguous area or several smaller non-contiguous
areas.
(ii)
The second required designation is that of the "general planting
area." The general planting area is a subarea of the landscape site area. Like the landscape site area, it
may consist of one large contiguous area or several smaller non-contiguous areas.
(iii)
The third required designation is that of the "special planting
area." The special planting area is a subarea of the general planting area. Again, the special planting area
may consist of one contiguous area or several non-contiguous areas.
(iv)
The fourth required designation is that of the "parkway planting
area," which, like the other areas, may consist of one contiguous area or several non-contiguous areas.
The parkway planting area designation requirement does not apply to property located in Subdistrict D.
(B)
Pavement restrictions. No pavement other than pavement for pedestrians
and non-motorized vehicles is permitted in the designated landscape site area, except that permeable
pavement for motor vehicles is allowed in multifamily subdistricts only. No pavement of any kind is
allowed in the designated general planting, special planting, and parkway planting areas.
(C)
Soil depth requirements. There are no minimum soil depth requirements
for portions of the landscape site area that are outside of the general planting area. The minimum soil
depth requirement for the parkway planting area and portions of the general planting area that are outside
of the special planting area is 18 inches. The minimum soil depth requirement for the special planting area
is 24 inches.
(D)
Minimum planting requirements. The minimum planting requirements
for designated landscape areas are as follows:
(i)
Landscape site area.
There are no minimum planting
requirements for portions of the landscape site area that are outside of the general planting area.
(ii)
General planting area. The general planting area must contain
living trees, shrubs, vines, flowers, or ground cover vegetation. All plants in this area must be
recommended for local area use by the director of park and recreation.
(iii)
Special planting area. The special planting area must contain
living trees, shrubs, or vines that are recommended for local area use by the director of park and
recreation. Turf grass and ground cover are not counted toward meeting these minimum planting
requirements. Initial plantings must be calculated to cover a minimum of 75 percent of this area at a
minimum height of 24 inches within a three-year period. There must be at least one plant for each four
square feet of this area unless a landscape architect recommends an alternative planting density as part of
a landscape plan that the building official determines is capable of satisfying the minimum coverage
requirement for this area.
(iv)
Parkway planting area. The parkway planting area must contain
living trees, turf grass, flowers, or ground cover vegetation that are recommended for local area use by the
director of park and recreation. Initial plantings must be calculated to cover a minimum of 75 percent of
this area within a three-year period.
(2)
Irrigation and drainage systems. All landscaping required under this section must
be irrigated and drained by automatic irrigation and permanent drainage systems installed to comply with
industry standards.
(3)
Off-street parking and screening requirements.
(A)
Surface parking screening. All surface parking must be screened from
the street and residentially zoned property by using one or more of the following three methods to
separately or collectively attain a minimum height of three and one-half feet above the parking surface:
(i)
Earthen berm planted with turf grass or ground cover
recommended for local area use by the director of park and recreation. The berm may not have a slope
that exceeds one foot of height for each three feet of width.
(ii)
Solid wood or masonry fence or wall.
(iii)
Hedge-like evergreen plant materials recommended for local
area use by the director of park and recreation. The plant materials must be located in a bed that is at least
three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a
solid appearance within three years. Plant materials must be placed 24 inches on center over the entire
length of the bed unless a landscape architect recommends an alternative planting density that the
building official determines is capable of providing a solid appearance within three years. This subsection
supplements any other applicable screening provisions for off-street parking.
(B)
Surface parking screening with single family or duplex adjacency. The
three methods of providing screening listed above in Subsection (b)(3)(A) of this section may be used to
provide screening to separate a surface parking area from an adjacent single family or duplex subdistrict if
the screening barrier is at least six feet in height. This subsection supplements any other applicable
screening provisions for off-street parking.
(C)
Off-street loading and garbage storage area screening.
(i)
All off-street loading spaces and garbage storage areas must be
screened from:
(aa)
a public street that is adjacent to the lot; and
(bb)
property in a residential district that is adjacent to or
directly across an alley from the lot. This subparagraph modifies Section 51A-4.602(b)(6).
(ii)
Screening required by this subparagraph must be at least six feet
in height measured from the horizontal plane passing through the nearest point of the off-street loading
space or garbage storage area.
(iii)
Required screening must be constructed of:
(aa)
for off-street loading spaces, any of the materials
described in Paragraph (3)(A) to separately or collectively attain the minimum height of six feet; and
(bb)
for garbage storage areas, a solid wood or masonry fence
or wall.
(iv)
Access through required screening may be provided only by a
solid gate that equals the height of the screening. The gate must remain closed at all times except when in
actual use.
(v)
No loading spaces or garbage storage areas may be erected or
established in this district in violation of this subparagraph. All existing loading spaces and garbage
storage areas in this district must be in full compliance with this subparagraph by September 13, 1994. No
person shall have a nonconforming right to maintain a loading space or garbage storage area that does not
fully comply with this subparagraph after September 13, 1994. (See Exhibit D-11 attached to PD 193.)
(4)
Trees.
(A)
Tree planting zone. For purposes of this section, the "tree planting zone"
is that area parallel to and between two and one-half and five feet from the back of the projected street
curb. [If the tree planting zone is in the parkway, the property owner must apply for a landscape permit
before any required trees may be planted in the parkway. See Subsection (d) of this section for more
details regarding parkway landscaping.] In Subdistrict D, if a tree cannot be located in the tree planting
zone due to a conflict with underground or aboveground utility lines, the tree may be located outside of
the designated tree planting zone as long as it is located as near as practicable to the tree planting zone.
(B)
Number, location, and type of trees required. Each lot must have one or
more trees whose trunks are located wholly within the tree planting zone. The number of required trees is
determined by dividing the number of feet of lot frontage by 25. Fractions are rounded to the nearest
whole number, with .5 being rounded up to the next higher whole number. All required trees must be
recommended for local area use by the director of park and recreation. If a property owner cannot obtain a
landscape permit to locate a required tree in the parkway, the owner shall locate the tree in the required
front yard as near as practicable to the front lot line. If a lot has no front yard requirement and the
property owner cannot obtain a landscape permit to locate a required tree in the parkway, the owner need
not provide that required tree.
(C)
Minimum tree height and trunk caliper. Required trees must have a
minimum height of 14 feet, and a minimum trunk caliper of three and one-half inches measured at a point
12 inches above the root ball.
(D)
Tree spacing requirements. Required trees must be spaced as uniformly
as practicable. The trunk of a required tree must be within the following distance of another required tree:
(i)
In residential subdistricts, 40 feet.
(ii)
In mixed use subdistricts, 60 feet.
(E)
Minimum clearance above pavement. The property owner shall maintain
all trees to comply with the following minimum vertical height clearances over street and sidewalk
pavements:
(i)
(ii)
under Subsection (g) of this section.
Thirteen and one-half feet above street pavement.
Eight feet above a public sidewalk or the sidewalk required
(F)
Tree grates required near sidewalks. Tree grates conforming to state
standards and specifications adopted to eliminate, insofar as possible, architectural barriers encountered
by aged, handicapped, or disabled persons, and of a size adequate to permit healthy tree growth must be
provided for all trees whose trunks are within 18 inches of the sidewalk required under Subsection (g) of
this section.
(6)
Landscape permit required. Unless an exemption in Subsection (a) of this
section applies, an application for a landscape permit must be submitted to and approved by the building
official before performing any work that will increase the existing building height, floor area ratio, or
nonpermeable coverage of the lot. To obtain a landscape permit, a landscape plan must be submitted.
Landscape plans required under this section must contain the following information:
(A)
The date, scale, north point, and the names and addresses of both the
property owner and the person preparing the plan.
(B)
The location of existing boundary lines and dimensions of the lot, and
the zoning classification of the property.
(C)
The approximate center line of existing water courses; the approximate
location of significant drainage features; and the location and size of existing and proposed streets and
alleys, utility easements, and sidewalks in the parkway and on or adjacent to the lot.
(D)
The location and size of landscape and planting area required to be
designated under this section and the location, size, and species (common or botanical name) of proposed
landscaping in these areas.
(E)
Information necessary for verifying whether the required minimum
percentages of landscape and planting areas have been designated pursuant to this section.
(F)
An indication of how the property owner plans to protect existing trees,
which are proposed to be retained, from damage during construction.
(G)
The location of the required irrigation system.
(H)
The location of all existing and proposed loading and garbage storage
areas.
(7)
When landscaping must be completed. Except as otherwise provided in this
paragraph, if a landscape plan is required under this section, all landscaping must be completed in
accordance with the approved landscape plan before the final inspection of any structure on the lot or, if
no final inspection is required, within 120 days of the date of issuance of the landscape permit. In
Subdistrict D, if a landscape plan is required under this section, all landscaping must be completed in
accordance with the approved landscape plan before the final inspection of the last structure on the lot, or
within six months of the approval of final inspection if the property owner provides the building official
with documented assurance as defined in Article X.
(8)
General maintenance.
(A)
All required landscaping must be maintained in a healthy, growing
condition at all times. The property owner is responsible for the regular weeding, mowing of grass,
irrigating, fertilizing, pruning, or other maintenance of all plantings as needed. Any plant that dies must
be replaced with another living plant that complies with the approved landscape plan within six months
after notification by the city. A required tree that dies after its original planting must be replaced by
another living tree having a minimum height of 14 feet and a minimum trunk caliper of four inches
measured at a point 12 inches above the root ball.
(B)
Any damage to utility lines resulting from the negligence of the property
owner, his agents, or employees in the installation and maintenance of required landscaping in the public
right-of-way is the responsibility of the property owner. If a public utility disturbs a landscaped area in the
public right-of-way, it shall make every reasonable effort to preserve the landscaping materials and return
them to their prior locations after the utility work. If nonetheless some plant materials die, it is the
obligation of the property owner to replace the plant materials.
(9)
Garbage storage area landscaping. Where a garbage storage area is in the
required front yard, a landscape planting area must be established and maintained between the required
screening wall for the garbage storage area and the front lot line. The landscape planting must be at least
three feet wide and have a minimum soil depth of 24 inches. No pavement of any kind is allowed in this
area. This area must contain living evergreen shrubs or vines that are recommended for local area use by
the director of park and recreation. Initial plantings must be calculated to cover a minimum of 30 percent
of the total wall area facing the street within a three-year period. Shrubs for vines must be planted 24
inches on center over the entire length of this area unless a landscape architect recommends an alternative
planting density as part of a landscape plan that the building official determines is capable of satisfying
the 30 percent minimum coverage requirement. All landscaping required by this paragraph must be in
place by September 13, 1994. (See Exhibit D-12 attached to PD 193.)
(c)
Private license granted. The city council hereby grants a private license to the owners of
all property in this district for the exclusive purpose of authorizing compliance with the parkway
landscaping requirements of this section. A property owner is not required to pay an initial or annual fee
for this license, although a fee may be charged for issuance of a landscape permit in accordance with the
Dallas Building Code. This private license shall not terminate at the end of any specific time period,
however, the city council retains the right to terminate this license whenever in its judgment the purpose
or use of this license is inconsistent with the public use of the right-of-way or whenever the purpose or
use of this license is likely to become a nuisance.
(d)
Parkway landscaping.
(1)
Upon receipt of an application to locate trees, landscaping, or pavement (other
than for the sidewalk required under Subsection (g) of this section) in the parkway and any required fees,
the building official shall circulate it to all affected city departments and utilities for review and comment.
If, after receiving comments from affected city departments and utilities, the building official determines
that the construction and planting proposed will not be inconsistent with and will not unreasonably impair
the public use of the right-of-way, that official shall issue a landscape permit to the property owner;
otherwise, that official shall deny the permit.
(2)
A property owner is not required to comply with any parkway landscaping
requirement of this section if compliance is made impossible due to the building official's denial of a
landscape permit.
(3)
A landscape permit issued by the building official is subject to immediate
revocation upon written notice if at any time the building official determines that the use of the parkway
authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way.
The property owner is not required to comply with any parkway landscaping requirement of this section if
compliance is made impossible due to the building official’s revocation of a landscape permit.
(4)
The issuance of a landscape permit under this section does not excuse the
property owner, his agents, or employees from liability in the installation or maintenance of trees,
landscaping, or pavement in the public right-of-way.
(e)
Visual obstruction regulations. A property owner is not required to comply with the
landscaping requirements of this section to the extent that they conflict with the visual obstruction
regulations in Section 51A-4.602(d). In the event of a conflict between this section and the visual
obstruction regulations, the visual obstruction regulations control.
(f)
Area designation and privacy fencing requirements. The following specific requirements
apply to all building sites in this district.
(1)
Landscape site area designation.
(A)
Except as provided in this paragraph, at least 20 percent of a lot,
including at least one-half of the required front yard, must be designated by the property owner as
landscape site area.
(B)
For lots in Subdistrict H containing a nonresidential use, at least 10
percent of the lot, including at least 60 percent of the required front yard, must be designated by the
property owner as landscape site area.
(C)
For Subdistrict D, at least 10 percent of a lot, including at least 60
percent of the required front yard, must be designated by the property owner as landscape site area.
(2)
General planting area designation. Except as provided in this paragraph, at least
one-half of the landscape site area, including at least 25 percent of the required front yard, must be
designated by the property owner as general planting area. In Subdistrict D, at least 12 percent of the
required front yard must be designated by the property owner as general planting area.
(3)
Special planting area designation. Except as provided in this paragraph, at least
20 percent of the general planting area, including at least five percent of the required front yard, must be
designated by the property owner as special planting area. In Subdistrict D, at least six percent of the
required front yard must be designated by the property owner as special planting area.
(4)
Parkway planting area designation. Except as provided in this paragraph, at least
20 percent of the parkway must be designated by the property owner as parkway planting area. In
Subdistrict D, there is no parkway planting area requirement.
(5)
Front yard privacy fencing. A fence or wall with an average height of seven feet
and a maximum height of nine feet above the top of the nearest street curb may be located in the required
front yard if:
(A)
the main building does not exceed 36 feet in height;
(B)
there are no front street curb cuts, front yard driveways, or front
entryways to garages or parking;
(C)
projected street curb; and
a minimum setback of 12 feet is provided between the fence and the
(D)
two feet from the lot line.
all portions of the fence exceeding four feet in height are set back at least
(6)
Privacy fencing planting area designation. If a front yard privacy fence or wall is
constructed or maintained in accordance with Subsection (f)(5) of this section, at least 80 percent of the
required two-foot setback area from the lot line must be designated by the property owner as privacy
fencing planting area. This area may consist of one contiguous area or several smaller noncontiguous
areas. No pavement of any kind is allowed in this area. The minimum soil depth requirement for this area
is 24 inches. This area must contain living evergreen shrubs or vines that are recommended for local area
use by the director of park and recreation. Initial plantings must be calculated to cover a minimum of 30
percent of the total fence or wall area facing the street within a three-year period. Shrubs or vines must be
planted 24 inches on center over the entire length of this area unless a landscape architect recommends an
alternative planting density as part of a landscape plan that the building official determines is capable of
satisfying the minimum coverage requirement for the fence or wall. (See Exhibit D-13 attached to PD
193.)
(g)
Sidewalks required.
(1)
Sidewalk construction is required along all public and private streets. All
sidewalks must be designed and constructed to be barrier-free to the handicapped, and in accordance with
the construction requirements contained in the Paving Design Manual and the Standard Construction
Details of the city.
(2)
No certificate of occupancy may be issued for new construction until hard
surface sidewalks are provided on that building site in accordance with the following standards:
(A)
Mixed Use Subzones C, E, F, G, H, and H1. A minimum unobstructed
width of eight feet must be provided.
(B)
Mixed Use Subzone D.
(i)
Except as provided in this subparagraph, a minimum
unobstructed width of eight feet must be provided.
(ii)
Along Noble Street and Oak Grove Avenue, as shown on Exhibit
305A, and all other future streets located within Subzone D, a minimum unobstructed width of seven feet
must be provided.
(iii)
Along Lemmon Avenue East, a minimum unobstructed width of
five feet must be provided.
(C)
of six feet must be provided.
Residential Subzones A, B, B1, and I. A minimum unobstructed width
(3)
Sidewalks provided to comply with this subsection may be located in the public
right-of-way. An existing sidewalk may not be used to comply with this subsection unless it meets the
construction standards and minimum unobstructed widths specified above. New sidewalks provided to
comply with this subsection must meet the unobstructed width standards specified above.
(h)
Landscape plan for Subdistrict A. A landscape plan for Subdistrict A was approved by
the Dallas City Council on November 10, 1999 (Exhibit 305F).
(i)
Additional landscaping provisions for Subareas J-1, J-2, and J-3.
(1)
as a single lot.
For landscaping requirements, Subareas J-1, J-2, and J-3 may each be considered
(2)
One site tree must be provided for every 4,000 square feet in each of these
subareas. At least 50 percent of the site trees in each subarea must be planted within the rear 50 percent of
the subarea. Every site tree must have a planting area of at least 25 square feet. The trunk of each site tree
must be located more than two and one-half feet from any pavement.
(3)
One large canopy tree must be provided for every 25 feet of frontage, with a
minimum of two trees per subarea. These trees must be located within the parkway.
(4)
A minimum of 20 percent of each subarea must be designated as landscape site
area. Permeable pavement for motor vehicles does not count as part of the landscape site area.
(5)
Fences in front yards and corner side yards may not exceed four feet in height if
the fence is solid. Fences in front yards and corner side yards may not exceed six feet in height if the
fence is a minimum of 50 percent open. In all other cases, fences may not exceed nine feet in height. In
this paragraph, the term corner side yard means the portion of the front yard on a corner lot governed by
side yard regulations.
(j)
Landscape plan for Subdistrict G. Landscaping in Subdistrict G must be provided as
shown on Exhibit 305G.
(k)
Landscape plan for Subarea D-1 of Subdistrict D. A landscape plan for Subarea D-1 of
Subdistrict D was approved by the Dallas City Council on November 12, 2007 (Exhibit 305J). (Ord. Nos.
24102; 24826; 24830; 24845; 26078; 26102; 27000)
SEC. 51P-305.118.
STRUCTURE FACADE STANDARDS.
(a)
Off-street parking structures. All permanent parking structures must be either
underground or concealed in a building with a facade that is similar in appearance to the facade of the
main non-parking building to which the parking is accessory. At least 12 percent of the parking structure
facade must be covered with the same material used predominantly on the first 24 feet of height of the
main non-parking building. (The facade area is calculated by including openings, if any.) Openings in the
parking structure facade must not exceed 52 percent of the total facade area.
(b)
Highly reflective glass prohibited. Highly reflective glass may not be used as an exterior
building material on any building or structure in this district. For purposes of this subsection, "highly
reflective glass" means glass with exterior visible reflectance percentages in excess of 27 percent. Visible
reflectance is the percentage of available visible light energy reflected away from the exterior surface of
the glass. (The higher the percentage, the more visible light reflected and the more mirror-like the surface
will appear.) (Ord. Nos. 21508; 24826)
SEC. 51P-305.119.
COMMUNITY FACILITIES REQUIRED.
(a)
No building permit may be issued to authorize the construction of more than 1,000
dwelling units (total) in the West Residential Subzone until the owner irrevocably dedicates to the city
either 5,000 contiguous square feet of land area, or, at the owner's option, 10,000 contiguous square feet
of ground level floor area, for the purpose of providing a needed community facility in this district. The
property dedicated must be located in this district. Ground level floor area in a building may be
"dedicated" for purposes of this subsection through the granting of a 99 year lease. For purposes of this
subsection, "needed community facility" means any facility housing city services, including but not
limited to police, fire, or park and recreation department services, that will substantially and directly
benefit the residents of this district. The director of planning and development shall determine whether a
proposed facility is a "needed community facility."
(b)
Land or floor area dedicated pursuant to Subsection (a) must be furnished at a location
selected by the owner that is approved by the director of planning and development. Dedicated land area
must be provided at no cost to the city, and dedicated floor area must be provided at no cost to the city
other than the cost of routine operating expenses such as taxes, insurance, utilities, maintenance, and the
cost of constructing any improvements in the floor area. The city shall be responsible for complying with
all zoning requirements related to the operation of needed community facilities.
(c)
If land area is dedicated and the city chooses to construct a structure on that land, the city
shall design a structure that conforms to the general architectural guidelines in effect for this district.
(d)
Any instrument dedicating land or floor area pursuant to this subsection must be
approved as to form by the city attorney and filed in the deed record of Dallas County by the owner
making the dedication. (Ord. Nos. 21508; 24826; 26102)
SEC. 51P-305.120.
(a)
LOWER INCOME FAMILY HOUSING REQUIREMENTS.
In this section:
(1)
DWELLING UNIT OF ADEQUATE SIZE means:
(A)
an efficiency or larger unit for a family consisting of one person;
(B)
a one-bedroom or larger unit for a family consisting of two persons;
(C)
a two-bedroom or larger unit for a family consisting of three or four
(D)
a three-bedroom or larger unit for a family consisting of more than four
persons; and
persons.
(2)
FAMILY means one or more individuals living together as a single housekeeping
unit in which not more than four individuals are unrelated to the head of the household by blood,
marriage, or adoption.
(3)
LIF DWELLING UNIT means lower income family dwelling unit.
(4)
LIF RENTAL RATE means an amount equal to or less than 30 percent of the
tenant's gross annual family income divided by 12, except that in no event shall the LIF rental rate be less
than the fair market rental for existing housing for the Dallas Primary Statistical Area established by the
Secretary of Housing and Urban Development periodically but not less than annually, adjusted to be
effective on October 1 of each year, and published in the Federal Register as required by Section 8(c)(1)
of the United States Housing Act of 1937, as amended [42 U.S.C.A. § 1437f, Subsection (c)(1)].
(5)
LOWER INCOME FAMILY means a family whose income does not exceed 80
percent of the medial income for the Dallas Primary Statistical Area, as determined by the Secretary of
Housing and Urban Development, with adjustments for smaller and larger families in accordance with
Section 3(b)(2) of the United States Housing Act of 1937, as amended [42 U.S.C.A. § 1437a, Subsection
(b)(2)].
(6)
of adequate size:
LOWER INCOME FAMILY ("LIF") DWELLING UNIT means a dwelling unit
(A)
leased or offered for lease to a lower income family for an amount equal
to or less than the utility-adjusted LIF rental rate 1 ; or
(B)
determined by the appropriate federal or state governmental authority to
satisfy all necessary criteria for lower (or very-low) income family occupancy to qualify a project for
federal or state tax relief or other housing or financial assistance under a program established by and
administered in accordance with federal or state law for the purpose of aiding lower (or very-low) income
families in obtaining a decent place to live.
(7)
UTILITY-ADJUSTED LIF RENTAL RATE means the LIF
rental rate minus a 10 percent adjustment for utilities, or, in other words, 90 percent of the LIF rental rate.
(b)
Two hundred LIF dwelling units must be provided in this district. One hundred of the
units must be leased or offered for lease before a building permit may be issued that would authorize the
construction of more than 1,168 dwelling units (total) in this district. The remaining 100 units must be
leased or offered for lease before a building permit may be issued that would authorize the construction of
more than 2,337 dwelling units (total) in this district.
(c)
Each owner providing LIF dwelling units for purposes of this section must enter into a
housing agreement approved by the director of housing and neighborhood services. Each approved
housing agreement must:
(1)
contain a covenant running with the land stating that the property involved must
be used to provide a stated number of LIF dwelling units;
(2)
expressly provide that it may be enforced by the city;
(3)
be approved as to form by the city attorney; and
(4)
be filed by the owner in the deed records of Dallas County, Texas.
(d)
Each owner of property subject to a recorded housing agreement shall submit an annual
report to the director of housing and neighborhood services demonstrating continued compliance with the
agreement and this article. All annual reports shall be due on June 30 of each year. Each annual report
must include the following:
(1)
A list of the LIF dwelling units currently leased including the names and family
incomes of the tenants.
(2)
A list of the LIF dwelling units currently offered for lease.
(3)
The total number of dwelling units (LIF or otherwise) currently offered for lease.
(4)
LIF dwelling units.
A list of all lower income families currently seeking to lease one or more of the
1
The utility-adjusted rental rate incorporates a deduction for the reasonable cost of utilities. Accordingly, it should be understood
that this rate does not include utilities or telephone.
(5)
Any other reasonable and pertinent information the director determines to be
necessary to demonstrate compliance with the recorded housing agreement and this article.
(e)
A recorded housing agreement may be terminated or amended to reduce the number of
LIF dwelling units on one building site if a corresponding number of LIF dwelling units are provided on
one or more other building sites in this district in accordance with this section. An instrument terminating
or amending a recorded housing agreement must be:
(1)
approved by the director of housing and neighborhood services as to compliance
(2)
approved as to form by the city attorney; and
(3)
filed by the owner in the deed records of Dallas County, Texas.
with this article;
The director shall not approve a termination or amendment that would cause the total number of LIF
dwelling units to be reduced below the number required under this section, or that would otherwise cause
this article to be violated.
(f)
No owner who is not a party to a recorded housing agreement shall be liable for the
failure of another owner to comply with that agreement.
(g)
The director of housing and neighborhood services shall randomly, regularly, and
periodically select a sample of families occupying LIF dwelling units for the purpose of income
verification. Any information received pursuant to this subsection shall remain confidential and shall be
used only for the purpose of verifying income in order to determine eligibility for occupation of the LIF
dwelling units. All prospective tenants of an LIF dwelling unit must agree to provide or to allow the
director to obtain sufficient information to enable income verification as contemplated in this subsection
as a condition to leasing the unit. A person commits an offense if he or she, with the intent to lease or
occupy an LIF dwelling unit, misrepresents the family income of its tenant or prospective tenant to the
lessor or the city with knowledge of its falsity. A person who commits the offense described in the
preceding sentence shall be guilty of a separate offense for each day or portion of a day that the unit is
leased or occupied based on the misrepresentation.
(h)
An LIF dwelling unit originally leased to a qualified applicant shall automatically lose its
status as an LIF dwelling unit if the tenant no longer qualifies as a lower income family at the end of the
primary term of the lease. When this occurs, the next vacated dwelling unit must be offered for lease as an
LIF dwelling unit until the required number of LIF dwelling units are provided.
(i)
The board of adjustment may grant a special exception to authorize a reduction in the
number of LIF dwelling units required under Subsection (b) of this section if the board finds, after a
public hearing, that:
(1)
the units have remained vacant for six months or more; and
(2)
the owner has made good faith efforts to lease the units to lower income families
during the period of vacancy.
In granting a special exception under this subsection, the board shall establish a termination date for the
special exception, which shall be not later than one year after the date of the board's decision. This
provision does not preclude the granting of additional special exceptions establishing new termination
dates in accordance with this subsection. (Ord. Nos. 21508; 24826; 26102)
SEC. 51P-305.121.
SIGNS.
Signs located in the West and East Mixed Use Subzones must meet the requirements for business
zoning districts contained in the Dallas Development Code, as amended. Signs located in the West and
East Residential Subzones must meet the requirements for non-business zoning districts contained in the
Dallas Development Code, as amended. (Ord. Nos. 21508; 24826)
SEC. 51P-305.122.
GENERAL REQUIREMENTS.
(a)
Development of all property in this district must comply with all applicable federal and
state laws and regulations and with all applicable ordinances, rules, and regulations of the city.
(b)
All paved areas, permanent drives, streets, and drainage structures, if any, must be
constructed in accordance with standard city specifications and completed to the satisfaction of the
director of public works and transportation. (Ord. Nos. 21508; 24102; 24826; 26102)
SEC. 51P-305.123.
COMPLIANCE WITH CONDITIONS.
The building official shall not issue a building permit or a certificate of occupancy for a use in
this planned development district until there has been full compliance with this article, the Dallas
Development Code, the construction codes, and all other ordinances, rules, and regulations of the city.
(Ord. Nos. 24102; 24826; 26102)
SEC. 51P-305.124.
ZONING MAP.
PD 305 is located on Zoning Map Nos. I-7 and J-7. (Ord. Nos. 23905; 24826)